Work This Way: A Labor & Employment Law Podcast - Episode 4: NIL Developments with Andy Johnson, Co-Founder of Hail! Impact
Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA NIL - Where Things Stand One Year Later
Podcast: The Briefing by the IP Law Blog - Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
The Briefing by the IP Law Blog: Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update
College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
Game On: College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
Podcast: The Briefing by the IP Law Blog - Defamation Lawsuit Against Netflix Dropped + NY Protects Dead Celebrities
Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities
JONES DAY TALKS® Game Changer? California's Fair Pay to Play Act and the Future of College Sports
Wearables and the Future of Intellectual Property Law
Captain Phillips' Crew Lawsuit Has No Merit
Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more
On July 31, 2024, nearly ten months after introducing a discussion draft, a bipartisan group of Senators officially introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 (NO FAKES Act). The...more
Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more
Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more
Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial...more
Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee...more
Artificial intelligence-generated deepfakes—video, audio, or photographic content that mimics some or all of the characteristics of one’s identity—have captured the wary attention of the public, politicians and the...more
During the 2016 presidential primaries, then presidential candidates Donald Trump and Senator Marco Rubio exchanged insults, with Trump calling Rubio “Little Marco” and Rubio commenting on the size of Trumps hands. Recently,...more
As Quentin Tarantino and Miramax prepare to head to court on February 24th over Tarantino’s Pulp Fiction NFT series, attorneys Matthew Savare and Brianne Polito from law firm Lowenstein Sandler explore the important legal...more
Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more
NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more
Addressing the tension between the First Amendment and the right to privacy under New York law, the New York Supreme Court Appellate Division, Third Department, unanimously held that despite being partially fictionalized, a...more
Six states have enacted NIL legislation, another 27 states have proposed NIL legislation, the U.S. Congress has at least two bills proposed, the NAIA has enacted NIL rules, and in January 2021 the NCAA likely will endorse its...more
Does My Video Game Violate Consumers’ Privacy Rights? The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more
The inspiration behind the character portrayed by Jennifer Lopez in the 2019 film Hustlers has filed a $40 million publicity rights and defamation action against the production companies behind the movie. ...more
Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him....more
As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased...more
One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more
Earlier this month, the U.S. Supreme Court refused to review a California court’s dismissal of actress Olivia de Havilland’s lawsuit against FX Networks. The decision sustains First Amendment protection to expressive works...more
In This Issue: - Diet Supplement Ingredient Company Drops a Fistful of Claims - Samsung Pursued by Pixel Plaintiffs - Settlement Snaps Ginger Case Shut - Olivia de Havilland’s Right-to-Publicity Suit Is Gone With the...more
The California appellate court ruling which dismissed actress Olivia de Havilland’s suit against FX’s Feud will remain in place after the U.S. Supreme Court rejected de Havilland’s petition for review last week. ...more
On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more
Often writers base characters on complete fiction, drawing from their imagination to build a character’s various facets. However, on certain occasions a writer may base a character on a living person. Sometimes such a...more
The end of March brought favorable rulings – from opposite coasts – for right of publicity defendants. In both de Havilland v. FX Networks, et al., Case No. B285629, 2018 WL 1465802 (Cal. Ct. App. Mar. 26, 2018) and Lohan v....more
It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more